Assessing Repeal Of OSHA's Injury Reporting Rule

By Susan Wiltsie, Dan Grucza and Shannon Broome (June 7, 2017, 1:00 PM EDT) -- The effects of the regulatory reform initiatives of the Trump administration are beginning to be felt at the Occupational Safety and Health Administration with the formal action by OSHA to finalize withdrawal of one of the Obama administration's midnight regulations. "OSHA, Clarification of Employer's Continuing Obligation To Make and Maintain an Accurate Record of Each Recordable Injury and Illness," 82 Fed. Reg. 20,548 (May 3, 2017). The so-called "Volks Rule" was issued to allow OSHA to cite employers for failure to record an injury or illness for up to six months following the five-year record retention period that would have applied to such a record had it been made in the first place — meaning five-and-a-half years after the initial failure to create a record. OSHA had no choice but to formally repeal the Volks Rule because Congress passed, and President Donald Trump signed, a Congressional Review Act authorization directing that this "midnight rule" (a regulation issued in the waning days of the Obama administration) be expunged. The Volks Rule is one of 13 regulations facing the dramatic consequence of being "CRA'd" — as it has come to be called in Washington, D.C....

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